Ex Parte AJESKA et al - Page 6




          Appeal No. 2002-2145                                                        
          Application No. 09/113,808                                                  


          instance, in developing the here claimed invention.  Moreover,              
          this conclusion is supported by the specification disclosure.               
          This is because the first five of the eight specification                   
          examples (which form the basis of the here claimed invention) are           
          focused solely on pest kill or mortality.  Indeed, the pest                 
          mortality tested in examples 1 and 4 did not even involve fruit.            
          Under these circumstances, it is apparent that pest-kill, by                
          itself, constituted a particular problem with which the                     
          appellants were involved in developing their claimed invention.             
               For the reasons set forth above and in the answer, we are              
          unconvinced by the appellants’ argument that the Liston reference           
          is from a non-analogous art.                                                
               We also are unpersuaded by the argument expressed in the               
          brief and in the Staby declaration that an artisan would not                
          have been motivated to combine the applied prior art in such a              
          manner as to result in a method of the type encompassed by                  
          appealed claim 1.  As explained in the answer, the artisan would            
          have utilized Liston’s method of disinfesting insect pests in               
          food products generally for the purpose of disinfesting pests in            
          citrus fruit specifically in view of the Florida Entomologist               




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